Petition to Amend Florida Law Governing Probation Violations (F.S. § 948.06)
To: Members of the Florida Legislature and the Governor of Florida
Subject: Strengthening Due Process Protections in Probation Violation Proceedings Under Florida Statute § 948.06
We, the undersigned, respectfully call for targeted reforms to Florida’s probation violation procedures as outlined in Florida Statute § 948.06.

Under current law, a probation officer may submit an affidavit alleging a violation of probation. This affidavit alone can serve as the basis for the issuance of an arrest warrant, often resulting in immediate detention of the individual accused. In many cases, individuals remain incarcerated for extended periods before a violation hearing is held.

While the courts have recognized that probation is a conditional liberty, individuals facing revocation are still entitled to due process protections under the U.S. Constitution, as affirmed in Morrissey v. Brewer (1972) and Gagnon v. Scarpelli (1973).

However, the current application of F.S. § 948.06 creates conditions where:

Individuals may be detained based on uncorroborated allegations
Hearings are not always conducted within a prompt or consistent timeframe
Affidavits alone can initiate significant deprivation of liberty without immediate evidentiary review
We respectfully propose the following amendments to F.S. § 948.06:
Corroboration Requirement for Violation Affidavits
Amend the statute to require that any affidavit alleging a violation be supported by additional corroborating evidence (such as documented reports, witness statements, or recorded proof), particularly in cases involving new law violations or disputed facts.
Mandatory Prompt Hearing Timeline
Require that any individual arrested for an alleged probation violation be brought before the court for a preliminary hearing within 72 hours, excluding weekends and holidays, to determine whether sufficient evidence exists to proceed.
Evidentiary Threshold for Pre-Hearing Detention
Establish a clear statutory standard requiring a showing of probable cause supported by reliable evidence before continued detention pending a full violation hearing.
Limitations on Detention for Technical Violations
For non-criminal or “technical” violations (such as missed appointments), require consideration of non-custodial alternatives unless there is a demonstrated risk to public safety or risk of flight.
Transparency and Record Requirements
Require that all evidence relied upon in a violation affidavit be documented and made available to the defense in a timely manner prior to the hearing.
Why Reform Is Needed
Florida’s probation system plays a critical role in public safety and rehabilitation. However, the current statutory framework allows for significant deprivation of liberty based on minimal initial evidence, which can lead to unnecessary incarceration, loss of employment, and disruption of families before a finding of violation is made.

These proposed reforms do not seek to weaken probation enforcement. Instead, they aim to strengthen the integrity, fairness, and accuracy of the system by ensuring that decisions are based on reliable evidence and timely judicial review.

We urge Florida lawmakers to amend F.S. § 948.06 to reflect these essential due process protections.
Sign this petition to support fair, accountable, and evidence-based probation practices in the State of Florida.